SUNIL BIHARI Vs. STATE ( NCT OF DELHI)

JUDGEMENT

(1.) Appellants have been convicted for the offences punishable under Sections 307/186/332/353/148/342/440/120 -B IPC vide the impugned judgment dated February 20, 2015 and vide order dated March 27, 2015 they have been sentenced to undergo rigorous imprisonments ranging from a period of 9 years to 4 years which will be dealt in detail while dealing with the order on sentence. Besides the appellants, 4 more persons were convicted i.e. Rehan, Satpal Bedi, Dheeraj and Dharm who preferred no appeal, thus this Court in the present appeals is concerned with the abovenoted appellants only.

(2.) The sequence of events leading to the registration of FIR No.118/2011 at PS Subzi Mandi under Sections 307/186/333/353/148/342/440/120 -B IPC exhibited as Ex.PW -2/A are that one FIR No.207/2011 was registered at PS Uttam Nagar under Sections 307/34 and 27 Arms Act wherein Bimla the informant, mother of Ajay @ Ajju suffered a firearm injury on her right thigh. In the said FIR Khalil Ahmed PW -6 and Akbar Khan PW -7 besides Aftab and Neeraj Gupta were arrested which led to animosity between appellant Ajay @ Ajju and witnesses Khalil Ahmed and Akbar Khan, all three of whom were lodged in Jail. On June 06, 2011 Khalil Ahmed, Akbar Khan and Ajay @ Ajju were to be produced in Tis -Hazari Court from Tihar jail and Rohini Jail. Thus they were taken to Tis -Hazari lockup. At around 12.30 PM HC Om Prakash PW -5 and Constable (in short Ct.) Tej Prakash returned with Ajay @ Ajju to the lockup after producing him before the Court. As soon as the door of High Risk kharja was opened, 9 -10 Under Trial Prisoners (in short UTPs) forcibly rushed out of the said kharja. In the meanwhile UTPs, namely, Gomti @ Manoj (co -accused), Anil (co -accused) and Deepak (co -accused) also returned to the lockup after attending the proceedings of their respective cases. Thereafter all of them started yelling that they would kill Khalil Ahmed PW -6and Akbar Khan PW -7 as they had fired at the mother of Ajay @ Ajju (co -accused). The accused persons bolted the main entry gate of the lockup from inside in order to prevent the police officials from entering. Further, they broke an iron bench which was lying in the lockup and grabbed the iron pieces of the bench. The accused persons tore the warrants. They broke open the lock of SAG kharja in which Akbar Khan PW -7was kept with the iron rods/pieces of the bench. Khalil Ahmed PW -6 was not present in the said SAG kharja at the said time as he had been taken to attend the proceedings of the case in which he was arrayed as accused. The accused persons started beating Akbar Khan PW -7 with the broken iron rods/pieces of the bench. When Ct. Tej Prakash PW -3 along with other police officials tried to intervene, co -accused Gomti @ Manoj struck on the head of Ct. Tej Prakash PW -3.

(3.) In this regard DD No.16 Ex.PW -1/A was received at Police Post Tis Hazari where after SI Satbir Singh PW -21 and Ct.Pawan Kumar PW -16 reached Tis Hazari lockup. Ct.Tej Prakash PW -3 was admitted in Aruna Asaf Ali hospital and had suffered a linear cut injury on the right temporal region. Akbar Khan PW -7 was taken to Sushruta Trauma Centre and as per MLC Ex.PW -8/A he suffered the following injuries: